BEDANA KHATUN Vs. THE BRANCH MANAGER

JUDGEMENT

(1.) THIS appeal for enhancement of compensation is directed against the award dated 22 -06 -2004 passed by the learned Commissioner, Workmen's Compensation, West Tripura, Agartala in case No. T.S. (WC) 10 of 2001 whereby the Commissioner, Workmen's Compensation has only awarded a sum of Rs. 1,73,744/ - plus interest in favour of the claimant.

(2.) THE undisputed facts are that the deceased Jainal Miah who was engaged as driver on a Maruti Van bearing No. TR -02 -0583 was deputed with the vehicle to go to Silchar on 19 -07 -2000. When he was returning along with the vehicle, he was murdered by some unknown miscreants. The claimants being the parents filed the claim petition but during the pendency of the claim petition the father expired.

(3.) TO say the least, the system followed by the learned Commissioner was totally wrong. Again and again, I am coming across cases where Commissioners in the State are not even caring to read the bare provisions of the Workmen's Compensation Act or the Employee's Compensation Act. They are applying the principles of the Motor Vehicles Act while granting compensation under the Workmen's Compensation Act.